TITLE IITYPES OF UNION ASSISTANCE
F1Article 3aCapacity building of military actors in support of development and security for development
1.
In order to contribute to sustainable development, which requires the achievement of stable, peaceful and inclusive societies, Union assistance under this Regulation may be used to build the capacity of military actors in partner countries, under the exceptional circumstances as set out in paragraph 3, to deliver development activities and security for development activities.
2.
Assistance pursuant to this Article may cover in particular the provision of capacity building programmes in support of development and security for development, including training, mentoring and advice, as well as the provision of equipment, infrastructure improvements and services directly related to that assistance.
3.
Assistance pursuant to this Article shall be provided only:
(a)
where requirements cannot be met by recourse to non-military actors to adequately reach Union objectives under this Regulation and there is a threat to the existence of functioning State institutions or to the protection of human rights and fundamental freedoms and State institutions cannot cope with that threat; and
(b)
where a consensus exists between the partner country concerned and the Union that military actors are key for preserving, establishing or re-establishing the conditions essential for sustainable development, including in crises and fragile or destabilised contexts and situations.
4.
Union assistance pursuant to this Article shall not be used to finance capacity building of military actors for purposes other than the delivery of development activities and security for development activities. In particular, it shall not be used to finance:
(a)
recurrent military expenditure;
(b)
the procurement of arms and ammunition, or any other equipment designed to deliver lethal force;
(c)
training which is designed to contribute specifically to the fighting capacity of the armed forces.
5.
When designing and implementing measures pursuant to this Article, the Commission shall promote ownership by the partner country. It shall also develop the necessary elements and the good practices required to ensure sustainability in the medium and long term and shall promote the rule of law and established international law principles.
6.
The Commission shall establish appropriate risk assessment, monitoring and evaluation procedures for measures pursuant to this Article.